Brett Lowe

Primary Focus & Experience

Mr. Lowe represents clients in federal and state courts in complex commercial and financial restructuring litigation. Mr. Lowe has experience representing debtors, creditors’ committees, bondholders, and other entities in financial restructuring matters.

Mr. Lowe also represents clients in international arbitration proceedings, including representations of sovereign governments and foreign corporations in investor-state disputes and international commercial arbitration matters. He also represents clients in proceedings to recognize and enforce international arbitral awards and foreign judgments.

Financial Restructuring Litigation

• Representation of ad hoc group of secured lenders in Office Properties Income Trust’s chapter 11 case (Bankr. S.D. Tex.)
• Representation of ad hoc group of secured lenders in Steward Healthcare’s chapter 11 case (Bankr. S.D. Tex.)
• Representation of Edgio, Inc. as chapter 11 debtor (Bankr. Del.)
• Representation of 99 Cents Only Stores, Inc. as chapter 11 debtor (Bankr. Del.)
• Representation of administrative agent in Chicken Soup for the Soul Entertainment’s chapter 11 case (Bankr. Del.)
• Representation of Voyager Aviation Holdings as chapter 11 debtor (Bankr. S.D.N.Y.).
• Representation of ad hoc committee of unsecured noteholders in Cobalt International Energy’s chapter 11 case (Bankr. S.D. Tex.).
• Representation of OneWeb Global Limited as chapter 11 debtor (Bankr. S.D.N.Y.).
• Representation of ad hoc committee of secured creditors in Midstates Petroleum’s chapter 11 case (Bankr. S.D. Tex.).
• Representation of the Official Committee of Unsecured Creditors in Breitburn Energy’s chapter 11 case (Bankr. S.D.N.Y.).
• Representation of ad hoc group of noteholders in LINN Energy’s chapter 11 case (Bankr. S.D. Tex.).
• Representation of the Official Committee of Unsecured Creditors in ATP Oil & Gas Corporation’s chapter 11 case (Bankr. S.D.N.Y.).
• Representation of ad hoc group of bondholders in the cross-border insolvency proceedings of Nortel Networks.

Complex Litigation & International Arbitration

• Representation of Asia Broadcast Satellite, a global satellite operator based in Hong Kong, against the Korean telecommunications company KT SAT in an ICC arbitration in New York, and in subsequent recognition and enforcement proceedings in the US District Court for the Southern District of New York and the Second Circuit. The arbitration involved claims related to the sale and operation of a geostationary satellite and issues regarding the applicability of Korean laws and public policy and national security concerns.
• Representation of multiple funds advised and/or managed by Whitebox Advisors against Transocean, an offshore drilling contractor, in a litigation brought in the US District Court for the Southern District of New York and in appellate proceedings in the Second Circuit. The litigation involved securities claims and issues relating to the interpretation of an indenture.
• Representation of Metro Rail Transit Corporation, the builder and owner of Metro Manila’s principal light rail system, against the Philippine Department of Transportation in an UNCITRAL arbitration in Singapore. The arbitration involved claims and counterclaims for breaches of a 25-year build-lease-transfer agreement.
• Representation of a committee of lenders against Standard General, an investment firm, in an adversary proceeding in the US Bankruptcy Court for the District of Delaware in connection with the bankruptcy of American Apparel. The adversary proceeding involved claims for breaches of a credit agreement and the implied covenant of good faith and fair dealing, recharacterization and equitable subordination.
• Representation of Bloomberry Resorts and Hotels Inc. and Sureste Properties, Inc. in an UNCITRAL arbitration in Singapore, and in subsequent enforcement proceedings in the US District Court for the Southern District of New York. The arbitration involved claims related to the termination of a management services agreement for an integrated resort and casino in Manila’s Entertainment City.
• Representation of a satellite company in UNCITRAL arbitration proceedings against the Russian Federation under the UK-Russian bilateral investment treaty involving armed conflict and sanctions issues.
• Representation of German airport operator Fraport AG against the Republic of the Philippines in an ICSID arbitration in Washington, DC. The arbitration was in connection with the expropriation of Fraport’s investments in an international airport terminal in the Philippines.
• Representation of the Government of Mongolia in a treaty-based arbitration brought by Chinese investors following Mongolia’s revocation of their iron ore mining license for the Tumurtei deposit, one of the largest such deposits in Mongolia.
• Representation of investment fund Harvardsky Prumyslovy against Viktor Kozeny in action to enforce in New York a $410 million judgment handed down by a Czech court as part of a criminal conviction related to post-Cold War privatization vouchers issued to Czech citizens.

Recognition & Accomplishments

Mr. Lowe received his B.A., cum laude, from Dartmouth College and his J.D. from the University of Virginia School of Law. While at Dartmouth, Mr. Lowe was a varsity athlete and received Academic All-Ivy honors.

Mr. Lowe maintains an active pro bono practice. He represented John Francis Wille, a Louisiana man sentenced to death for murder in 1986, in a post-conviction proceeding to exonerate him based on false confessions and numerous constitutional violations and successfully secured a court order vacating Mr. Wille’s death sentence.